Langer v. Mattress Firm, Inc.

United States District Court for the Northern District of California

Langer v. Mattress Firm, Inc.

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CHRIS LANGER, Case No. 20-cv-06516-KAW 8 Plaintiff, ORDER REQUIRING JOINT STATUS 9 v. REPORT; VACATING CASE MANAGEMENT CONFERENCE 10 MATTRESS FIRM, INC., Re: Dkt. No. 21 11 Defendant. a 12

13 On July 27, 2021, the parties filed their case management conference statement,' in which

v 14 || they stated that they “anticipate finalizing the terms of the [Settlement] Agreement within 30 © 2 ays. t. No. 21 at 6.) Accordingly, the Court the August 3, case 3 15 || days.” (Dkt. No. 21 at 6.) Accordingly, the C VACATES the A 3, 2021 Q 16 || management conference and ORDERS the parties to file a joint status report as to the status of

17 || settlement by September 2, 2021.

18 IT IS SO ORDERED. 19 || Dated: July 29, 2021 : 20 ak A. WESTMORE United States Magistrate Judge 22 23 24 25 ' The Court notes that Defendant stated that it did not consent to magistrate judge jurisdiction in the case management conference statement. (Dkt. No. 21 at 6.) Plaintiff and Defendant 26 || Previously filed consents to magistrate judge jurisdiction. (Dkt. Nos. 5, 13.) Once all parties have consented, there is no absolute right to withdraw that consent. See Dixon v. Yist,

990 F.2d 478

, 97 || 480 (th Cir. 1993). Rather, the referral to a magistrate judge can only be vacated by the court “for good cause shown on its own motion, or under extraordinary circumstance shown by any 2g || party.”

28 U.S.C. § 636

(c)(4). No such extraordinary circumstances have been articulated by Defendant.

Reference

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